Types Of Child Custody Arrangements In Nebraska
When it comes to children of divorce or separation, Nebraska courts are required to base their decisions “on the best interests of the child,” including decisions as to custody.
The designations sole physical custody, joint physical custody, sole legal custody and joint legal custody are important in many ways, depending upon the particular aspects of your situation.
For example, from the point of view of physical possession of the child, sole physical custody does not mean that the other party will have no contact or that he or she may not have contact that exceeds the standard “every other weekend” schedule. From the point of view of support, the court will count the number of overnights the child spends with either parent to determine a support amount. Any parent with fewer than 109 overnights per year will pay support based on the “basic support calculator.” A parent with more than 140 overnights, but less than 182, will probably pay support pursuant to the “joint physical custody calculator.” Generally, a basic calculation yields a larger support obligation amount than the joint physical custody calculation. The court has discretion to use either calculation if the potential payer has possession between 110 and 140 overnights.
As far as records and the child’s official address, it is usually the address of the parent with the most overnight time with the child that is designated “primary” in this regard. There are exceptions to all of these rules, but they are too extensive to outline here.
Legal custody, by contrast, has nothing to do with possession of the child (though for obvious practical purposes, the parent with legal custody usually has possession of the child most of the time). Legal custody has to do with who has the final say, after consultation with the other party, often pursuant to a mechanism set out in a parenting plan into which the parents will be required to enter and governed by the terms of the Nebraska Parenting Act. This applies to medical care, religious upbringing and schooling, among other important parenting decisions.
Clear Guidance From An Experienced Family Lawyer
Higgins Law can help get you the information you need to make an informed decision about your situation. Our founding attorney, Matt Higgins, has more than 20 years of experience representing mothers and fathers in Nebraska family law matters, including child custody arrangements. He proudly maintains an AV Preeminent* peer-review rating through Martindale-Hubbell — which is the highest rating for legal ability and ethical standards.
Schedule Your First Appointment With One Of Our Custody Attorneys
Please contact a Nebraska custody attorney by calling 402-933-7600 or completing an online form. We will schedule appointments to meet your convenience. Our office is in Omaha, and we handle cases throughout all nearby Nebraska communities.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.